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  1. #5
    Join Date
    Aug 2007
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    Default Re: Office Politics as Misconduct

    Quote Quoting Mandijessy
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    My question involves unemployment benefits for the state of: NY

    I know NY is a right to hire right to fire state. My question is can "getting involved in office politics" be considered misconduct (by DOL standards)? I had a claims investigator from DOL call me and tell me that my former employer claims I was terminated for getting invloved in office politics. I have no idea what "office politics" are and I didn't like my job/co-workers enough to even speak to them about anything personal much less about politics. I tried to explain what was said while I was being let go but he didn't want to hear it and cut me off and told me that's all he needs. I tried googling "office politics" and misconduct but got nothing. I read on the DOL website somethings they consider misconduct but I can't find anything on office politics. Thanks in advance for any info you can provide.

    "Misconduct" is a "catch all" term as "insubordination" is, they are mostly used when an employee is not liked, otherwise such conduct would/may be overlooked.

    If we relate it to criminal statutes, one would be titled "Misconduct in office", malfeasance, misfeasance, nonfeasance, for a public official.

    Your behavior is not criminal, just throwing out a general example.

    "Misconduct", generally, is any action by you the employer wants to label as such.

    IF indeed, it was the NY DOL, and ask for a specific call back # next time, there may be some investigation abound???

    Are you, or were you, a public employee??

    I have this case in my notes, it is unconstitutional to terminate an employee for political affiliation:


    http://supreme.justia.com/us/427/347/


    In a nutshell, "office politics" is NOT supporting the bosses candidate, otherwise your behavior would be acceptable if you did. Make sense??

    Example: You do not support the bosses candidate, you are "goofing off on thier time", If you did, you are doing nothing wrong. This is "employment at will" for you!!

    Actual misconduct is violating law, company policy, etc. etc.

    There are certain things courts mostly recognize as having no protection for discharge when employed at will, theft, drug use, falsification of payroll records, moral turpitude and the like.

    ALL of these ARE misconduct.

    Generically, misconduct can be as simple as patting a person on the shoulder to say HI to them!!

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